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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
Nikhil S.Kariel
Ushaben Seturam Vaghela – Appellant
Versus
Director Of Pension And Provident Fund – Respondent
JUDGMENT :
Nikhil S. Kariel, J.
1. Heard learned Advocate Mr. Harsh V. Gajjar for the petitioner, learned AGP Ms. Nirali Sarda for the respondent-State and learned Advocate Ms. E. Shailaja for the respondent No.4.
2. By way of this petition, the petitioner seeks for issuance of a writ directing the respondents to pay family pension and arrears thereof due from May, 2021 till date of payment and for regular payment thereof and the petitioner also seeks for interest at the rate of 10% upon the arrears of pension.
3. It appears that the petitioner is the legally wedded wife of one Seturam Laxmanbhai Vaghela, who had retired as Auditor, Grade -II, from the Office of the Registrar, Cooperative Societies, Gujarat State. It would appear that the employee, who had retired on 30.06.2020, and had expired on 28.04.2021, had filled in his pension papers and whereas in the nomination from, the employee has shown himself as unmarried and has named his sister i.e. respondent No.4 herein as his nominee. It appears to be the case of the petitioner that the petitioner is legally wedded wife of the said deceased employee and whereas the deceased employee is survived by the petitioner and a son namely Su
Under the Gujarat Pension Rules, the legally wedded wife of a male government employee is entitled to family pension despite any erroneous nomination by the employee prioritizing someone else.
The widow is entitled to the family pension and retirement benefits as per the statutory provisions, irrespective of the deceased employee's nomination of legal heirs.
Pension benefits cannot be adjudicated through writ jurisdiction in the presence of competing marriage claims; a definitive legal spouse must be established in civil court settings.
Family pension is a statutory entitlement of the legally wedded spouse and cannot be revoked by the employee's unilateral actions, as affirmed by the court.
The significance of nomination in determining entitlement to family pension and the need for evidence to establish legal rights in disputed cases.
The validity of a marriage under the Tamil Nadu Pension Rules and Section 5(i) of the Hindu Marriage Act, 1955, and its impact on entitlement to family pension.
The court affirmed that a widow, despite her marriage being void due to the subsistence of the husband's first marriage, is entitled to compassionate appointment and benefits as the deceased's nomine....
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